Kavanaugh May Get Early Chance to Overturn Precedent

July 10, 2018, 1:31 PM

If President Donald Trump’s U.S. Supreme Court nominee Brett Kavanaugh is on the bench by October, he will have the opportunity to overturn precedent—or stand by it—in at least two cases this term.

The justices will hear two cases that month explicitly asking the justices to rethink case law—one dealing with takings remedies from 1985, the other a jurisdictional one from 1979.

But however Kavanaugh ultimately votes in those cases, it’s unlikely to predict whether he would vote to overrule more controversial precedents, both Erwin Chemerinsky, the dean of the University of California, Berkeley School of Law and Ilya ...

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